What happens if a will is signed but not witnessed?
What happens if a will is signed but not witnessed?
It's a common misconception that signing a will is the same as witnessing it. Unlike witnesses, though, the signers of the will only need to be present at its signing. The witnesses are an essential part of the process because they ensure that the person signing the will has done so voluntarily; for this reason, their presence is required by law.
When a will is signed without witnesses, it is not valid and cannot be used in any legal proceedings. However, there are some exceptions to this rule:
- The person who signs without witnesses does not need to fear being disinherited. While their will could not be used to distribute property, they could leave their belongings as gifts in a letter or in another document that would be considered valid by law. The document would only have to specify what they wanted to leave where—it would not need to include anything about why they chose each item or person (with some exceptions—for example, if it was a gift given with certain conditions).
- It's important to note that this concept only applies to wills that do not stipulate something like "in the event I die alone" or similar language; these types of wills are intended specifically as instructions for what should happen if you have no heirs.
When you sign a will, you are in effect saying to the court: "This is what I have decided will happen with my property after I die." However, that court is going to need some kind of proof that it's your will and not someone else's. That's where the witnesses come in.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
